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On What Principles Should the decision be made to which moral values the law should enforce?
Member rating: No Rating | Words: | Submitted: Sun Dec 15 2002
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On What Principles Should the decision be made to which moral values the law should enforce? Moral values nearly always influence judicial decisions; some moral values have also found their way into our law. In many legal matters issues of morality arise. For example, in cases such as those involving sadomasochistic acts or euthanasia. In the case of R v Brown & Others (1993) a group of homosexuals (DD) took part in sadomasochistic acts. DD were convicted of various offences including malicious wounding. The DD had argued that they had consented to such acts and had acted in private dorms, so interference from the law was not necessary, because their actions did not affect the public. However, CJ Lord Lane argued that it was not in the public interest that people should cause each other actual bodily harm for such a reason. Here the judges took a paternalistic approach. The approach...
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